Body: Council Type: By-law Meeting: Regular Date: 2021 Collection: By-laws Municipality: South Frontenac
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TOWNSHIP OF SOUTH FRONTENAC BY-LAW 2021-55 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE A SITE PLAN AGREEMENT BETWEEN THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC AND 2290998 ONTARIO INC. FOR THE SEVERED PARCEL, CONSENT APPLICATION S-02-20-S WHEREAS a Site Plan and Site Plan Agreement have been prepared to the satisfaction of the Township of South Frontenac;
NOWTHEREFORE THE CORPORATION OF THE TOWNSHIP OF SOUTH FRONTENAC BY ITS COUNCIL, HEREBY ENACTS AS FOLLOWS: 1.
THAT the Mayor and the Clerk are hereby authorized to execute a Site
PlanAgreement between the Corporation ofthe Township of South Frontenac and 2290998 Ontario Inc. forthe severed parcel from Consent AppHcation S-02-20-S, a copy of which is attached hereto forming part of this By-law.
THATtheAgreement shall be registered on title ofthe property described as for Parts 4 to 14 on Plan 13R22179, Part of Lot 20, Concession 8,
Geographic Township of Pittsburgh, District of Storrington, Township of South Frontenac. The agreement shall be carried forward on the lands
thatform the severed parcel from Consent Application S-02-20-S upon registration of the new lot.
THIS By-law shall come into force and effect in accordance with Section
41 ofthe PlanningAct 1990, either upon the date of passage or as otheiwise provided by the said Section 41.
Dated atthe Township of South Frontenac this 12thday of October, 2021. Read a first and second time this 12"‘day of October, 2021. Read a third time and finally passed this 12thday of October, 2021. THE CORPORATIONOF THE TOWNSHIP OF SOUTH FRONTENAC
Ron Vandtewal, Mayor
7 Angela Maddocks, Clerk
SITE PLAN CONTROL AGREEMENT
THISAGREEMENT made intriplicate thisJ^ dayof Oc4o^A< , 2021. BETWEEN: 2290998 ONTARIOINC. hereinafter referred to as the “OWNER” OF THE FIRST PART and
THE CORPORATIONOF THE TOWNSHIPOF SOUTH FRONTENAC
hereinafter referred to asthe “Municipality” OF THE SECOND PART
WHEREAS the Owner is the registered owner in fee simple of certain lands located in the Township of South Frontenac (the “Lands”);
AND WHEREAS it was a condition of provisional approval of consent application S-02-20-S that the Owner enter into this site plan agreement with the Municipality on the terms set out;
ANDWHEREASthe Municipality isauthorized to enter intothisagreement and register it against the title to the Lands pursuant to section 41 of the Planning Act;
NOW THEREFORE WITNESSETH that in consideration of the mutual covenants and agreements contained herein, the parties agree each with the other as follows:
The Owner covenants that the Owner is the Owner in fee simple of the Landsdescribed in Schedule “A” attached hereto.
The Owner covenants and agrees with the Municipality as follows: 2. 1
General
- 1
That development shall be in accordance with the Site Plan Drawing, attached hereto in Schedule “B”.
- 1.2
That the uses on the subject property are limited to a single detached dwelling and accessory buildings and structures.
- 1.3
That a single detached dwelling shall be located within the Building Envelope shown on the Site Plan Drawing.
2. 1.4
That any accessory buildings and structures shall not be placed within the
- 5
required front yard and setback from the highwater mark. That regarding the sewage disposal system: 2. 1. 5. 1
The area of the sewage disposal system shown on the Site Plan
Drawing shall be expressly reserved for a sewage disposal system. 2. 1. 5.2
The sewage disposal system shall be designed by a Professional Engineer with expertise in the field, due to the complexity of the property and distance between the building envelope and location of the sewage disposal system.
- 5.3
Any deviation to the location of the sewage disposal system shall besupported bya Professional Engineerwith expertise in thefield, and approved by the Chief Building Official.
- 5.4
Any deviation to the location of the sewage disposal system shall require the Owner to apply for, and enter into an amended agreement to be registered against the title of the Lands.
- 1.6
That the Owner shall comply with any amendments, additions or deletions to the Site Plan Drawing that the Municipality may reasonably require after
the date ofthisAgreement in order to better ensure the proper and orderly development of the Owner’s Lands and the construction of the works and
facilities required by this Agreement. The Director of Development Services shall confer with the Chief Administrative Officer, Senior Planner, Chief
Building Official, and Conservation Authority before considering any minor amendment to the site plan drawings and/or terms of this agreement. 2. 1.7
That the Owner agrees to take all reasonable precautions to reduce dust, noise and other nuisances and to ensure public safety during the development of the Owner’s Lands and construction of the works and facilities required by this Agreement.
- 1.8
That the Owner may be required to obtain a permit from Cataraqui Conservation for any development or site alteration proposed from the lake to within 15 metres ofthe top of bank, as per the Ontario Regulation 148/06 Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses.
- 9
That a dock may be permitted subject to all applicable approvals.
- 10 That construction and maintenance of a dock shall occur outside of the
timeframe when fish are spawning. 2. 2
Environmental Protection
2.2. 1
That the land between the shoreline and the dwelling must be maintained as a natural buffer with no alteration of soil mantle or vegetation cover,
except for a maximum 1. 5 metre wide path. There shall be no cutting of trees within the natural buffer area except for safety reasons or for the removal of dead trees. Any structure (e.g. staircase) required to access the shoreline shall be designed by a qualified professional to ensure that the installation and use of the structure will not create or aggravate an erosion
hazard on the slope. Such structures may be permitted subject to all applicable approvals. 2.2.2
That erosion control measures (e. g. silt fence, straw bales) will be used during any construction and will remain in place until any ground cover disturbed during construction has been re-established. Ground cover will
be re-established as soon as possible upon completion of construction. 2.2.3
That runoff from the Building Envelope shown on the Site Plan Drawing shall be directed to thewestand into a pipe along the sideofthe driveway and lane towards a natural depression to the north, per the Hutchinson Analysis to Determine Shoreline Setbacks: Christel Lane Severance attached hereto in Schedule “B”.
- 2.4
That there shall be no filling or false grading of excavated materials within 40 metres of the highwater mark. The exception will be for allowance for
landscaping materials for the final grade next to the dwelling. 2.2.5
That the Owner is responsible to comply with the provisions of
the Endangered SpeciesAct, 2007. Sections 9 and 10 of the Endangered Species Act provide protection for individual members of a species and their habitat if that species is listed on the Speciesat Risk in Ontario list as extirpated, endangered or threatened. If an activity may cause adverse impacts to a species at risk and/or their habitat, authorization under the
ESA may be required prior to conducting the activity. 2.2.6
That there shall be no no tree clearing during the breeding bird season (April 15to August 15), unless it has been confirmed bya qualified biologist that birds are not nesting in the trees that need to be removed. This is to
avoid a possible contravention ofthe Migratory Birds Convention Act. 2.2.7
That there shall be no tree clearing, and especially clearing of dead trees, during the bat roosting season (April 15 to Sept. 15), unless it has been
confirmed by a qualified biologist using either exit surveys or acoustic surveys that bats are not roosting in the trees that need to be removed.
This is to avoid a possible contravention of the Endangered Species Act. 2. 3
Lot Grading and Drainage 2.3.1
Thatpriorto the Municipality issuinga building permit forthe construction of a single detached dwelling and sewage disposal system on the Lands,
the Owner shall provide a Grading and Drainage Plan prepared by a licensed Ontario Land Surveyor or a Professional Engineer that addresses at a minimum and without limitation, locations of building(s), well and sewage disposal system, as well as existing and proposed grades and drainage patterns, to the satisfaction ofthe Municipal Engineer. 2.3.2
That the Owner is required to submit a grading security (deposit) in the
amountof $3,000priorto the issuanceofa buildingpermit. Thesecurity shall bereleased upontheapproval ofa certificate stamped bythe Owner’s Engineer confirming that grading generally conforms to the Grading and Drainage Plan. If the Municipal Engineer rejects a lot grading certificate, the cost for anyfurther review shall be deducted from the deposit.
2.4
Limited Services
2.4. 1 Thatthe Municipalitydoes not maintain or repairand will have no obligation to maintain or repairthe private lane that provides accessto
the Landsor to perform or provide anyother municipal services normally associatedwith public highwayswithin the Municipality. 2.4.2 That the Municipality shall not be responsible for providing fire, ambulance and other emergency services to the Lands if the operator of the emergency vehicle, having made reasonable efforts in the circumstances,
determines that the condition of the private lanes or driveways as constructed or maintained at the time, prevents the vehicle from being operated properly or safely in order to access or exit the Lands.
2.4. 3 That the Owner hereby agrees to indemnify and save harmless the Municipality against all actions, causes of action, suits, claims, demands
and costs whatsoever arising by reason of any matter under this Agreement, includingwithout limitation anyactions, causesofaction, suits, claims, demands or costs directly or indirectly related to the construction, use, operation or maintenance ofthe private lane, including the inability to operate an emergency vehicle properly or safely in order to access or exit
the Lands due in whole or in part to the condition of the private lanes or driveways at the time. 3.0
This agreement shall be registered against the title to the Lands by the Owner and the Municipality shall be entitled to enforce its provisions against the Owner and any or all subsequent owners of the Lands.
4.0
If the Owner fails or refuses for any reason to comply with any requirements of this agreement, the Owner shall be in default and the Municipality may, on fifteen (15) days’
notice, require the Owner to remedy the default, failing which the Municipality may, without further notice and without prejudice to any other rights and remedies available to it, do such things and perform such work as is necessary to rectify the default. 5.0
Anyaccountrendered bythe Municipalityforworkdoneshall bepaid bytheOwnerwithin
thirty (30) daysofthedayofbilling, and,ifthe Ownerfailsto pay, interest shall becharged on the amount outstanding at the rate of one and one quarter (1.25%) per months (15% per annum) on the first day of each calendar month following the date the account was
due. Any payments received on accounts rendered shall be applied first to any outstanding interest, which mayhave accrued, andthe balance shall beapplied to reduce the principal amount outstanding. 6.0
If the Municipality incurs any expense arising out of the terms of this Agreement, the Municipality may recover the amount in like manner as municipal taxes or by action, pursuant to Section 42.7 of the Municipal Act.
7.0
All costs necessary to fulfill anycondition ofthis agreement, and all costs incurred bythe Municipality in connection with the preparation, execution, registration or enforcement ofthis Agreement shall be paid bythe Owner.
8.0
This Agreement shall enure to the benefit of and be binding upon the personal representatives, successors and assigns of the parties.
IN WITNESS WHEREOF the parties hereto have by the hands and seals executed this agreement as of the first date set out above.
SIGNED,SEALEDAND DELIVERED: THE CORPORATIONOF THE
TOWNSHIPOF SOUTH FRONTENAC
Ron Vandewal - Mayor
Ar^ela Maddocks - Clerk
We haveauthority to bindthe Corporation 2290998 ONTARIO INC. ‘.?
MjtrthaBeach- President / haveauthority to bindthe Corporation
SCHEDULE"A" OWNER’S LANDS
Legal Description: Part of PIN 36288-0771
PT LT 20 CON 9 STORRINGTON PTS 9, 10, 11 & 12 on Reference Plan 13R22455
SCHEDULE"B" DRAWINGAND REPORTLIST Site Plan Drawing
Site Plan, prepared by Pinchin, dated September 2021
Report
Hutchinson Analysis to Determine Shoreline Setbacks: Christel Lane
Severance, prepared by Ecological Services, dated March 18, 2021 Report
Speciesat Risk EIA,Christel LaneSeverances on Dog Lake, prepared by Ecological Services, dated August 22, 2021
THE ORIGINALOFALLPLANSLISTEDIN THIS SCHEDULEAND INCORPORATEDBY REFERENCE INTOTHISAGREEMENTARE ON FILEIN THE OFFICEOFTHE SOUTH FRONTENAC DEVELOPMENT SERVICES DEPARTMENT AND SHALL GOVERN IN THE EVENT OF ANY DISPUTE.
